"Impervious lot coverage regulation" means anordinance, regulation, rule, or other enactment by a county,municipality, or other authority that limits the development ofreal property based on the amount of impervious lot coverage to beconstructed. The term does not include a flood control regulation.

(4)

"Regulating authority" means a county, municipality,or other political subdivision of this state that has adopted animpervious lot coverage regulation or a sedimentation, retention,or erosion regulation by ordinance, order, resolution, rule, orother enactment.

(5)

"Sedimentation, retention, or erosion regulation"means an ordinance, regulation, rule, or other enactment by acounty, municipality, or other authority that limits or regulates

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the development of real property based on the development's effecton water quality resulting from sedimentation, retention, orerosion. The term does not include a:

(A)

flood control regulation; or

(B)

requirement for silt fences, vegetative cover,or other similar requirement.

(6)

"Telecommunications utility" has the meaningassigned by Section 51.002, Utilities Code.

Added by Acts 2001, 77th Leg., ch. 210, Sec. 1, eff. Sept. 1, 2001.

Sec.

246.002.

APPLICABILITY. This chapter applies only to acritical facility that:

(1)

existed on April 1, 2001; and

(2)

is being expanded to provide space and facilitiesfor competing telecommunications utilities because of requirementsin:

(A)

the Communications Act of 1934 (47 U.S.C.Section 151 et seq.), as amended; or

(B)

Subchapters G and H, Chapter 60, UtilitiesCode.

Added by Acts 2001, 77th Leg., ch. 210, Sec. 1, eff. Sept. 1, 2001.

Sec.

246.003.

REQUEST PROCESS. (a) A regulating authoritythat receives a written request by a telecommunications utility toexpand a critical facility on real property owned, leased, oroccupied by the telecommunications utility in an area governed byimpervious lot coverage regulation or sedimentation, retention, orerosion regulation shall approve or deny the request not later thanthe 60th day after the date the request is received.

(b)

The regulating authority shall approve the request unless

the regulating authority finds, after a hearing, that:

(1)

additional, suitable vacant land contiguous with the

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proposed building site that is sufficient to satisfy the imperviouslot coverage regulation or sedimentation, retention, or erosionregulation

is not available, except:

(A)

through the use of condemnation; or

(B)

at a price that exceeds the average fair marketvalue of vacant land within a one-mile radius of the property thatis the subject of the request under Subsection (a); or

(2)

the telecommunications utility did not provide anaffidavit containing the statement described in Subdivision (1).

(c)

The regulating authority shall provide written notice ofa denial. The notice must specify the findings on which theauthority relied in denying the request.

(d)

If a regulating authority does not make a decision beforethe deadline prescribed by Subsection (a):

(1)

the request is approved; and

(2)

the regulating authority may not apply theauthority's impervious lot coverage regulations or

sedimentation,retention, or erosion regulations to the expansion that is thesubject of the request under Subsection (a).

Added by Acts 2001, 77th Leg., ch. 210, Sec. 1, eff. Sept. 1, 2001.

Sec.

246.004.

COMMISSION JURISDICTION. The commission hasjurisdiction to enforce this chapter and to ensure that legalrequirements are enforced in a competitively neutral,nondiscriminatory, and reasonable manner.